HomeMy WebLinkAboutLaForce Exterior Door Replacements at Water Distribution Center & Lift Stations city ORIGINAL
of
Oshkosh i3442_
CONTRACTOR AGREEMENT:
EXTERIOR DOOR REPLACEMENTS AT WATER DISTRIBUTION CENTER AND VARIOUS LIFT
STATIONS F EWATER DISTRIBUTION AND WASTEWATER
CITY OF OSHKOSH
THIS AGREEMENT, made on the 28th day of FEBRUARY, 2019, by and between the CITY OF
OSHKOSH,party of the first part,hereinafter referred to as CITY,and LAFORCE,INC.,1060 W.MASON
STREET, GREEN BAY,WI 54903,hereinafter referred to as the CONTRACTOR,
WITNESSETH:
That the City and the Contractor,for the consideration hereinafter named,enter into the following
agreement. The Contractor's proposal is attached hereto and reflects the agreement of the parties except
where it conflicts with this agreement,in which case this agreement shall prevail.
ARTICLE I. COMPONENT PARTS OF THE CONTRACT
This contract consists of the following component parts, all of which are as fully a part of this contract
as if herein set out verbatim, or if not attached, as if hereto attached:
1. This Instrument
2. Proposal Solicitation
3. Contractor's Proposal
In the event that any provision in any of the above component parts of this contract conflicts with any
provision in any other of the component parts, the provision in the component part first enumerated
above shall govern over any other component part which follows it numerically except as may be
otherwise specifically stated.
ARTICLE II. PROJECT MANAGER
A. Assignment of Project Manager. The Contractor shall assign the following individual to
manage the project described in this contract:
(To be determined)
B. Changes in Project Manager. The City shall have the right to approve or disapprove of any
proposed change from the individual named above as Project Manager.The City shall be provided with
a resume or other information for any proposed substitute and shall be given the opportunity to
interview that person prior to any proposed change.
City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 http://www.ci.oshkosh.wi.us
ARTICLE III. CITY REPRESENTATIVE
The City shall assign the following individual to manage the project described in this contract:
(Pete Gullbronson, Environmental Compliance Manager,Department of Public Works-
Water Filtration)
ARTICLE IV. SCOPE OF WORK
The Contractor shall provide the services described in the City's INVITATION FOR BID for the
Project titled "EXTERIOR DOOR REPLACEMENTS: WATER DISTRIBUTION CENTER & LIFT
STATIONS" dated February 1, 2019, and the contractor's bid form and materials attached as Exhibit A.
If anything in the Bid Form conflicts with the Bid Specifications, the provisions in the Bid Specifications
shall govern.
The Contractor may provide additional products and/or services if such products/services are
requested in writing by the Authorized Representative of the City.
ARTICLE V. CITY RESPONSIBLITIES
The City shall furnish, at the Contractor's request, such information as is needed by the
Contractor to aid in the progress of the project, providing it is reasonably obtainable from City records.
To prevent any unreasonable delay in the Contractor's work the City will examine all reports and
other documents and will make any authorizations necessary to proceed with work within a reasonable
time period.
ARTICLE VI. TIME OF COMPLETION
The work to be performed under this contract shall be completed by no later than November 1,
2019.
Any changes to this completion date must be agreed upon by both parties in writing.
ARTICLE VII. PAYMENT
A. The Contract Sum.
The City shall pay to the Contractor for the performance of the contract the sum of$34,420.00 adjusted
by any changes hereafter mutually agreed upon in writing by the parties hereto.
Fee schedules shall be firm for the duration of this Agreement.
B. Method of Payment. The Contractor shall submit itemized monthly statements for services.
The City shall pay the Contractor within 30 calendar days after receipt of such statement. If any
•
statement amount is disputed, the City may withhold payment of such amount and shall provide to
Contractor a statement as to the reason(s) for withholding payment.
C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written
amendment to this agreement executed by both parties prior to proceeding with the work covered under
the subject amendment.
ARTICLE VIII. CON I I ACTOR TO HOLD CITY HARMLESS
The Contractor covenants and agrees to protect and hold the City of Oshkosh harmless against
all actions, claims and demands of any kind or character whatsoever which may in any way be caused
by or result from the intentional or negligent acts of the Contractor,his agents or assigns,his employees
or his subcontractors related however remotely to the performance of this Contract or be caused or result
from any violation of any law or administrative regulation, and shall indemnify or refund to the City all
sums including court costs, attorney fees and punitive damages which the City may be obliged or ad-
judged to pay on any such claims or demands within thirty (30) days of the date of the City's written
demand for indemnification or refund.
ARTICLE IX. INSURANCE
The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional
insured. The contractor's certificate of insurance for this project is attached as Exhibit B.
ARTICLE X. TERMINATION
A. For Cause.
If the Contractor shall fail to fulfill in timely and proper manner any of the obligations under this
Agreement,the City shall have the right to terminate this Agreement by written notice to the Contractor.
In this event, the Contractor shall be entitled to compensation for any satisfactory, usable work
completed.
B. For Convenience.
The City may terminate this contract at any time by giving written notice to the Contractor no later than
10 calendar days before the termination date. If the City terminates under this paragraph, then the
Contractor shall be entitled to compensation for any satisfactory work performed to the date of
termination.
This document and any specified attachments contain all terms and conditions of the Agreement
and any alteration thereto shall be invalid unless made in writing, signed by both parties and
incorporated as an amendment to this Agreement.
In the Presence of: CONTRACTOR/�
4t(13'
13y4exiMA:t
titi
4c ".A tr k
(Seal of Contractor (Specify Title)
if a Corporation.)
CFO
(Specify Title)
CITY 0 •SHKOSH
By: /.� 04.rj,,i(77f
•
- Mark Ai ohloff, City M.
( tress) _
0
b),(./ 4k::,..... And: 11J--at3 -)' 1
ditness) Pamela R.Ubrig, City Clerk •
APPROVED: I hereby certify that the necess-
ary provisions have been made to
pay the liability which will accrue
under this contract.
ttorney
5v)no, 30o,r)v\
City Comptroller
Tr A
EXTERIOR DOOR REPLACEMENTS: WDC&LIFT STATIONS
BID PROPOSAL FORM
Page 1of3
From: LaForce Inc (bidder's company name)
BID PROPOSAL DEADLINE: FEBRUARY 19,2019 Q 10:00 A.M.
Date: 2/19/19
WORK UNIT A
WATER DISTRIBUTION CENTER
BID DESCRIPTION UNIT EST. BID UNIT PRICE
ITEM QTY
1 Furnish all labor,equipment,and materials to
perform work for WDC Door#1,located in the Lump
main office,complete as specified Sum 1 $ 3,015.00
2 Furnish all labor,equipment,and materials to
perform work for WDC Door#2,located in the Lump
front shop on the east wall,complete as specified Sum 1 $ 2,900.00
3 Furnish all labor,equipment,and materials to
perform work for WDC Door#3,located on the
front shop on the west wall,complete as Lump
specified Sum 1 $ 2,900.00
4 Furnish all labor,equipment,and materials to
perform work for WDC Door#4,located in the
rear shop(vehicle storage)on the east wall, Lump
complete as specified Sum 1 $ 2,900.00
5 Furnish all labor,equipment,and materials to
perform work for WDC Door#5,located in the
rear shop(vehicle storage)on the west wall, Lump
complete as specified Sum 1 $ 2,900.00
GRAND TOTAL OF WORK UNIT A(ITEMS 1-5)
$ 14,615.00
32
EXTERIOR DOOR REPLACEMENTS: WDC&LIFT STATIONS
BID PROPOSAL FORM
Page 2 of 3
WORK UNIT B
VARIOUS LIFT STATIONS
BID DESCRIPTION UNIT EST. BID UNIT PRICE
ITEM QTY
1 Furnish all labor,equipment, and materials to
perform work for WWTP Door#1,located at the Lump
28th Avenue Lift Station, complete as specified Sum 1 $ 1,965.00
2 Furnish all labor, equipment,and materials to
perform work for WWTP Door#2,located at the Lump
Bowen Street Lift Station, complete as specified Sum 1 $ 480.00
3 Furnish all labor, equipment, and materials to
perform work for WWTP Door#3,located at the
Broad Street Lift Station in the Headworks Lump
Room, complete as specified Sum 1 $ 1,300.00
4 Furnish all labor, equipment,and materials to
perform work for WWTP Door#4,located at the
Broad Street Lift Station,exterior door, complete Lump
as specified Sum 1 $ 2,385.00
6 Furnish all labor, equipment, and materials to
perform work for WWTP Door#6,located at the
South Main Street Lift Station, complete as Lump
specified Sum 1 $ 5,550.00
7 Furnish all labor,equipment,and materials to
perform work for WWTP Door#7,located at the Lump
North Lift Station,complete as specified Sum 1 $ 3,925.00
8 Furnish all labor, equipment,and materials to
perform work For WWTP Door#8,located at the
WWTP Main Building,DAFT doors, complete Lump
as specified Sum 1 $ 4,200.00
GRAND TOTAL OF WORK UNIT B (ITEMS 1-4,6-8)
19,805.00
GRAND TOTAL OF WORK UNIT A &WORK UNIT B
$ 34,420.00
33
EXTERIOR DOOR REPLACEMENTS: WDC &LIFT STATIONS
BID PROPOSAL FORM
Page 3 of 3
Addenda: Receipt of Addenda numbered N/A of N/A are hereby understood,
acknowledged and included in bidder's bid proposal form. If no addenda were issued
for this project please write "N/A" above.
In compliance with the advertising for Bids and having carefully examined the drawings
and specification for the Work and the Site of the proposed work and having determined
all of the conditions of the work,the rules,regulations,laws,codes,ordinances, and other
governing circumstances relating to this project, the undersigned proposes to furnish all
Labor, Materials and Equipment necessary to complete the construction indicated on the
drawings and described in the project manual to include all described work completed to
the Owners' satisfaction. By Submission of this Bid, each Bidder certifies, and in the case
of a joint Bid,each party thereto certifies as to its own organization,that this Bid has been
arrived at independently without consultation, communication, or agreement as to a
matter relating to this Bid and with any other Bidder or with any competitor. We, the
undersigned, propose to furnish all labor and materials per the project specifications or
noted deviations for the following amount(s):
SIGNATURES
Date: 2/19/19
Name of Company: LaForce Inc
Submitted by (Name/Title): Kayle Makurat - Business Products Consultant
Email: KMakurat@laforceinc.com
Address of Company: 1060 W. Mason St, Green Bay, WI 54303
Phone: (0) 920-490-2202, (C) 920-615-9255
That I have examined and carefully prepared this Proposal from the Plans and
Specifications and have checked the same in detail before submitting this Proposal;that I
have full authority to make such statements and submit this Proposal in(its) (their)behalf,
and that said statements are true and correct.
Signature:
Title: Business Products Consultant
34
et
WISCONSIN SOCIETY OF ARCHITECTS \` to,IJ4
t d
THE AMERICAN INSTITUTE OF ARCHITECTS „,,Now
WIS. AIA DOCUMENT
6 JULY 1980 ED. WIS. A312
o•
PUBLIC IMPROVEMENT
PERFORMANCEILABOR AND MATERIAL
3
PAYMENT BOND
THIS BOND IS TO BE USED ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT
TO SECTION 779.14 WISCONSIN STATUTES.
Bond No.354223074
3
KNOW ALL MEN BY THESE PRESENTS: that (Here insert name and address or legal title of the Contractor,
referred to in Sec.779.14 Wisconsin Statutes as the prime contractor) LA FORCE, INC.
1060 West Mason Street Green Bay WI 54303
as Principal, hereinafter called Principal, and, (Here insert the legal title and address of Surety)
LIBERTY MUTUAL INSURANCE COMPANY
175 Berkeley Street Boston MA 02116
duly authorized and licensed to do business in the State of Wisconsin, as Surety, hereinafter called Surety,
are held and firmly bound unto (Name and address or legal title of Owner)
CITY OF OSHKOSH
215 Church Avenue Oshkosh WI 54903-1130
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinafter provided in the
amount of
Thirty Four Thousand Four Hundred Twenty and 00/100Dollats ($ 34,420.00 ),
(Here insert a sum at least equal to the contract pace)
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, suc-
cessors and assigns, jointly and severally, firmly by these presents.
WHEREAS, LA FORCE, INC.
Principal has by written agreement dated 2/28/2019 , entered into a contract with Owner for
Exterior Door Replacements at Water Distribution Center and Various Lift Stations Forwater Distribution and Wastewater,Oshkosh,WI
in accordance with drawings and specifications prepared by (Here insert full name, title amid address)
which contract is by reference made a part hereof and is required by Section 779.14, Wisconsin Statutes, s_
The said written agreement, drawings, specifications and amendments
are hereinafter referred to as the Contract.
to
PUBLIC IMPROVEMENT
PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES m
WIS.AlA DOC.WIS.A3I2AUGUST. 1989ED. PAGE I rn
Copr. 1969 Wisconsin Society of Architects/AIA
321 S.Hamilton St.
Madison,Wis.53703
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION, as required by Section 779.14,
Wisconsin Statutes, is such that, if the'Principal shall faithfully perform the said contract and pay every
person entitled thereto for all the claims for labor performed and materials furnished under the Contract,
to be used or consumed in making the public improvement or performing the public work as provided in
the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect,
subject, however, to the following conditions:
1) No assignment, modification or change of the Principal and the Surety upon this bond for the
Contract, or change in the work covered thereby, or recovery of any damages he may have sustained by
any extension of time for the completion of the Con- reason of the failure of the Principal to comply with
tract shall release the sureties on the bond. the Contract or with the Contract between the Prin-
cipal and his subcontractors. If the amount realized
2) Not later than one year after the completion of on this bond is insufficient to satisfy all claims of
work under the Contract, any party in interest may the parties in full, it shall be distributed among the
maintain an action in his own name against the parties pro rata.
Signed and sealed this 12th day of March , 2019
IN THE PRESENCE OF:
LA FORCE, INC.
�A Principal
N1� - By: (Seal)
Witness nth: ViCt, 40-41/4"
LIBERTY MUTUAL INSURANCE COMPANY
K-12.3 �/,�� Name of Surety
Br: f �"�/��
/C . (Seel)
taea .; Roxanne Jensen Attorney-in-Fact
APPROVED BY*
iN THE PRESENCE OF:
Owner
By: (Seal)
Witoem ram:
*This bond shall be approved in the case of the state by the state official authorized to enter into such con-
tract, of a county by its district attorney, of a city by its mayor, of a village by its president, of a town by its
chairman, of a school district by the director or president and of any other public board or body by the
presiding officer thereof.
PUBLIC IMPROVEMENT
PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES
WIS.AIA DOC.WIS.A312 AUGUST 1989 ED. PAGE 2
I , _
This Power of Attorney limits the acts of those named herein,and they have no authority to
ow
bind the Company except in the manner and to the extent herein stated.
. 0
LibertyVA Liberty Mutual Insurance Company
Io ` Mutual. The Ohio Casualty Insurance Company Certificate No:8196827-354019
West American Insurance Company
SURETY
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Kelly Cody;
Christopher I1ovden;Roxanne Jensen;Christopher H.Kondrick;Brian I..Krause;Trudy A.Szalewski
all of the city of Green Bay state of WI each individually if there be more than one named,its true and lawful attorney-in-fact to make,
execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 12th day of September , 2018 .
Liberty Mutual Insurance Company
%NSU ,SY INSV d 1NSU�p The Ohio Casualty Insurance Company
J••,g.Por��yn yJ cou,op,f Qg„ 0. �oaPok4 4� West American Insurance Company a
3 Fotr Q3 % n Q $ Fo tc+ ca
1912 0 0 1919 1991 o co ci
co
NAMp`+tO,ab YS NDIANP' da / •C
72:71.4,,,- a)
N 9j7 *u A.a �yl * lev dtt * te% By: / c
c — David M.Carey.Assistant Secretary
@ State of PENNSYLVANIA >
.a '3 County of MONTGOMERY ss ea
92rn
U a> On this 12th day of September 2018 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance o
O 2 Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes=l-
a� > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 0 w
a
a) > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. c tz
--O `p OM
co O N (zcEI )
4CCOMMONWEALTH OF PENNSYLVANIA 5B Y:TPaste ,Notary Publicas
cti adasv
mb Meer,Pennsylvania Association of Notaries CL o
CDN tl1O
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O
,m This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual 4-C
p.0 Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: o ai
a ARTICLE IV—OFFICERS:Section 12.Power of Attorney. '�.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the m JD
72 > President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety >O
To c N
any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall ,
have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed,such '"e?
Z• '5 instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the_.PI)
provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. co
o ,
ARTICLE XIII—Execution of Contracts:Section 5.Surety Bonds and Undertakings. o,
Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, I—
shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,
bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as it
signed by the president and attested by the secretary.
Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in-
fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety
obligations.
Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and
has not been revoked. ��
IN TESTIMONY
WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this J(�, day of /,,Y KI (-� i r l q
�Y
V INSU v0 INSU d 1NSUR,9
�.),,..po,,�'IC+ oi`v--0,t+DR,r qy 4P oD,,,"jr�Je+
J : Fo to - 3 Fo n 3 o en i��• /
1912 0 1919 1991 o rMefv�,�.uy�
By:
d4 *Acrit14 as Z°�NA MP���aaO v,4 NDImo. Aa Renee C.Llewellyn,Assistant Secretary
LMS-12873 LMIC OCIC WAIL Multi Co_062018